ACCESS NL > Features > Even getting married has bureaucratic steps
Even getting married has bureaucratic steps
2024/11/02 | By ACCESS team with the help of AI | Photo by Manuel Selbach
So you have decided to get married in the Netherlands. Congratulations! In the Netherlands, you can get married or enter into a registered partnership. You and your partner will then have certain rights and obligations towards each other. Alternatively, you can have a cohabitation agreement drawn up to arrange, for example, how possessions and costs are divided between you. In this article, we will only focus on getting married in the Netherlands.
After the excitement of an engagement and the thrill of planning a wedding, there are steps to consider in making your plans. Keeping this in mind will ensure the ‘bliss’ of the moment remains. Images of picturesque canals, historic architecture, and tulip fields may fill imaginations and should. However, understanding the legal requirements and procedures is crucial for ensuring that your big day goes smoothly. This guide outlines the prerequisites and steps needed to tie the knot in the Netherlands.
Legal Requirements
Age and Consent
- Minimum Age: Both parties must be at least 18 years old to get married. Exceptions are rare and usually involve special circumstances approved by the court.
- Consent: Both individuals must give their full and voluntary consent to the marriage. Forced marriages are illegal and punishable by law.
Residency
- Dutch Nationals: If both parties are Dutch nationals, they can register to marry in any municipality in the Netherlands.
- Foreign Nationals: At least one partner must be legally residing in the Netherlands, either as a Dutch citizen or with a valid residence permit. If neither partner resides in the Netherlands, special permission may be required from the municipality where you plan to marry.
Documentation
Before getting married, you need to register your intention to marry, known as ondertrouw or notice of marriage, at the local municipality where you plan to wed. The following documents are typically required:
- Valid Passports or Identity Cards: Proof of identity is mandatory.
- Birth Certificates: Recent copies, usually not older than six months.
- Proof of Residency: A registration certificate from the municipality if applicable.
- Proof of Civil Status: Documents proving that both parties are single, divorced, or widowed. This may include a certificate of no impediment for marriage.
- Previous Marriage Documents: If previously married, you will need to provide divorce decrees or death certificates of previous spouses.
Documents from abroad that are not written in Dutch, French, German or English must be translated into Dutch by a sworn translator in the Netherlands. Moreover, documents from certain countries may require further legalisation or an apostille (an apostille certifies the authenticity of the signature, seal and position of the official who has issued a copy of a public document).
Notice of Marriage (Ondertrouw)
The notice of marriage must be submitted to the municipality where the marriage will take place. This must be done at least 14 days before the wedding, but it can be submitted up to one year in advance. The municipality will then verify the documents and the eligibility of both parties to marry.
Marriage Ceremony
There are essentially two ‘types’ of marriage ceremonies in the Netherlands:
- Civil Ceremony: A civil ceremony is mandatory and must be conducted by a registrar at the town hall or another approved location. The civil marriage is the only legally recognised form of marriage in the Netherlands and must take place before a religious ceremony. This can also be the ‘only’ step taken by couples.
- Religious Ceremony: Couples can also have a religious ceremony, but it must take place after the civil ceremony. The religious ceremony has no legal standing on its own.
Witnesses
You will need at least two and no more than four witnesses for the ceremony. Witnesses must be 18 years or older and must provide valid identification.
Special Cases
Same-Sex Marriages
The requirements for same-sex marriages are identical to those for heterosexual marriages. Couples of the same-sex and/or gender identity who marry in the Netherlands must bear in mind that their union may not be accepted in other foreign countries.
Marriages Involving Foreign Nationals
If one or both parties are foreign nationals, additional requirements may apply, such as needing extra documentation or dealing with immigration regulations. It’s advisable to contact the municipality well in advance to understand these requirements.
Proxy Marriages
Marriages by proxy, where one or both parties are not physically present, is not allowed in the Netherlands. Both individuals must be present at the ceremony.
Post-Wedding Formalities
Registration of Marriage
After the wedding, the marriage must be registered with the municipality where the ceremony took place. The registrar will issue a marriage certificate which serves as legal proof of the union.
Change of Status
Foreign nationals may need to update their residence status post-marriage. This could involve changing visa types or applying for residency permits based on family reunification.
Congratulations all around
Getting married in the Netherlands involves a clear set of legal requirements and procedures designed to ensure the validity and recognition of a marriage. From age and consent to documentation and the actual ceremony, understanding these steps can help couples navigate the process smoothly. Whether you’re a Dutch national or a foreign resident, thorough preparation and adherence to these requirements will make your special day as seamless and enjoyable as possible. Once completed, the happy couple’s imagination can dictate the ‘Dutchness’ of their wedding–from canals and tulips to bitterballen.
